THE MANAGER, NARIKKUNI AUPS Vs. STATE OF KERALA
LAWS(KER)-2017-6-143
HIGH COURT OF KERALA
Decided on June 02,2017

The Manager, Narikkuni Aups Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

DEVAN RAMACHANDRAN, J. - (1.) The procedure for imposition of major penalties on a teacher under the provisions of the Kerala Education Rules (KER) is contained in Rule 75 of Chapter XIVA thereof. As per its mandate, once the Manager is satisfied that there is a prima facie case for taking action against a teacher, certain imperative procedure will have to be followed including issuance of charge-sheet, obtaining explanation from the teacher, etc., finally leading to an inquiry, if the Manager is of the view that such is required.
(2.) Once the Manager decides that a formal inquiry is to be held into the conduct of a teacher, he/she is obligated to forward the records of the case to the competent educational authorities with a request that such inquiry be conducted. The inquiry is to be thus initiated by the concerned competent authority, through an Inquiring Authority appointed by it and after conclusion of the same a report is mandated to be made by the said Inquiring Authority, which shall be forwarded to the Manager. The Inquiry officer is thus forensically obligated to make a report and present the same adhering to the terms of Rule 75(8) of Chapter XIVA KER, which reads as under: "75. Procedure for imposing major penalties:- (8) At the conclusion of the inquiry, the Inquiring Authority shall prepare a report of the inquiry, recording its findings on each of the charges together with the reasons therefore. If in the opinion of such authority the proceedings of inquiry establish charges different from those originally framed, it may record its findings on such charges provided that findings on such charges shall not be recorded unless the teacher has admitted the facts constituting them or has had opportunity of defending himself against them".
(3.) The Manager, thereafter, if is of the opinion that any of the penalties as specified in the KER is required to be imposed, he will have to follow certain specified procedure for such purpose as is mandated therein. The manner of and the contents of the records of inquiry has also been specifically defined under the provisions of the KER in sub-rule (9) of Rule 75 of Chapter XIVA. Therefore, it is luculent that the Inquiring Authority has to present a recorded inquiry to the Manager in the manner as above, which contains certain specific documents as are enumerated in sub-rule (9) of Rule 75 (supra).;


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